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Court of Appeals was skeptical of disability insurer's denial of benefits, because independent physician consultants on which insurer relied performed substantial numbers of reviews for and received significant compensation from the insurer.  Insurer therefore had burden of maintaining records on the reviewer's findings on claims to show their neutrality in practice.  Insurer abused its discretion...

U.S. Ninth Circuit Court of Appeals Seller's employees were not entitled to past service credit under the plain terms of the buyer's retirement plan.  Seller's employees could seek reformation of the plan based on claim buyer breached fiduciary duty by not adequately informing them they were not entitled to past service credit.  Seller's employees could...

U.S. Ninth Circuit Court of Appeals District court did not err in issuing a preliminary injunction against employee's attempt to arbitrate employment claims, pending litigation of the claims.  Court correctly decided whether employee waived his right to arbitrate his employment claims by litigating them, because the parties did not agree to submit the issue to...

Ninth Circuit Court of Appeals District court erred by granting summary judgment against ADEA retaliation claim, because employee received hostile treatment from supervisor shortly after he agreed to testify on behalf of a coworker's ADEA claim, and employee offered evidence suggesting his negative performance reviews, supervisor's hostility towards him and ultimate decision to fire him...

Ninth Circuit Court of Appeals District court erred by granting summary judgment against claim for long term disability benefits, because psychiatrists determined former employee could not work in any occupation, not just her own occupation limiting benefits to 18 months.  Plan's later denial of benefits past 18 months inadequately explained what evidence former employee could...